Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules 57907 

docket at regulations.gov under Docket No. 

FAA–2023–1716. 

(2) For more information about this AD, 

contact Nicholas Rediess, Aviation Safety 

Engineer, FAA, 1701 Columbia Avenue, 

College Park, GA 30337; phone: (781) 238– 

7159; email: 9-AVS-AIR-BACO-COS@faa.gov. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Thales Service Information Letter 

F9111–J70859DN–00, issued January 18, 

2022. 

Note 1 to paragraph (j)(2)(i): The footer on 

pages 2 through 32 of Thales Service 

Information Letter F9111–J70859DN–00, 

issued January 18, 2022, contains the text 

‘‘Reference: 0026–F9111–J70859DN–00.’’ 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Thales AVS France SAS, 75– 

77 Avenue Marcel Dassault, 33700 Merignac, 

France; phone: +33 7 86 33 59 20; email: 

continued.airworthiness@thalesgroup.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 17, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18116 Filed 8–23–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1717; Project 

Identifier MCAI–2023–00728–A] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Embraer S.A. (Embraer) Model 

EMB–505 airplanes. This proposed AD 

was prompted by analysis of certain 

monuments (the right-hand refreshment 

center and left-hand forward cabinet) 

that identified the need for installing 

structural reinforcements and replacing 

certain floor support rivets. This 

proposed AD would require installing 

structural reinforcements on certain 

monuments and replacing certain floor 

support rivets, as specified in an 

Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD, which is proposed for 

incorporation by reference (IBR). The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this NPRM by October 10, 2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1717; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For service information that is 

proposed for IBR in this NPRM, contact 

ANAC, Continuing Airworthiness 

Technical Branch (GTAC), Rua Doutor 

Orlando Feirabend Filho, 230—Centro 

Empresarial Aquarius—Torre B— 

Andares 14 a 18, Parque Residencial 

Aquarius, CEP 12.246–190—Sa ̃o Jose ́

dos Campos—SP, Brazil; phone: 55 (12) 

3203–6600; email: pac@anac.gov.br; 

website: anac.gov.br/en/. You may find 

this material on the ANAC website at 

sistemas.anac.gov.br/certificacao/DA/ 

DAE.asp. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1717. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 901 Locust, Kansas City, MO 

64106. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: (816) 329– 

4165; email: jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1717; Project Identifier 

MCAI–2023–00728–A’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Jim Rutherford, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590. Any commentary that the 

FAA receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 


lotter on DSK11XQN23PROD with PROPOSALS1
57908 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules 

Background 

The ANAC, which is the aviation 

authority for Brazil, has issued ANAC 

AD 2023–05–03, effective June 2, 2023 

(ANAC AD 2023–05–03) (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition on certain serialnumbered Embraer Model EMB–505 

airplanes. The MCAI states that analysis 

identified certain monuments (the righthand refreshment center and left-hand 

forward cabinet) that might not 

withstand the loads expected for 

specific emergency landing conditions, 

which may cause the detachment of 

mass items and result in injuries to the 

airplane occupants. To address this 

unsafe condition, the MCAI specifies 

installing structural reinforcements on 

certain monuments and replacing 

applicable floor support rivets. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1717. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed ANAC AD 2023– 

05–03, which specifies procedures for 

installing structural reinforcements on 

certain monuments and replacing 

applicable fasteners on the floor 

support. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in ADDRESSES. 

FAA’s Determination 

These products have been approved 

by the aviation authority of another 

country and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with this 

State of Design Authority, it has notified 

the FAA of the unsafe condition 

described in the MCAI referenced 

above. The FAA is issuing this NPRM 

after determining that the unsafe 

condition described previously is likely 

to exist or develop on other products of 

the same type design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

ANAC AD 2023–05–03 described 

previously, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD and 

except as discussed under ‘‘Differences 

Between this Proposed AD and the 

MCAI.’’ 

Differences Between This Proposed AD 

and the MCAI 

The service information specified in 

ANAC AD 2023–05–03 allows the use of 

alternative or similar parts in place of 

the ones specified in the kits, provided 

these alternative or similar parts are 

approved by Embraer, but this proposed 

AD would require approval from either 

the Manager, International Validation 

Branch, FAA; ANAC; or ANAC’s 

authorized Designee. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate ANAC AD 2023–05–03 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with ANAC AD 2023–05–03 

in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD and 

except as discussed under ‘‘Differences 

Between this Proposed AD and the 

MCAI.’’ Service information required by 

ANAC AD 2023–05–03 for compliance 

will be available at regulations.gov 

under Docket No. FAA–2023–1717 after 

the FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 208 

airplanes of U.S. registry. 

The FAA estimates the following 

costs to comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts 

cost 

Cost per 

product Cost on U.S. operators 

Airplane groups 1 and 2—install structural reinforcements.21.50 work-hours × $85 per hour = 

$1,827.50.

$1,600 $3,427.50 $239,925 (70 airplanes). 

Airplane groups 3, 4, 5, and 10—install structural reinforcements and replace floor fasteners.13.50 work-hours × $85 per hour = 

$1,147.50.

600 1,747.50 $214,942.50 (123 airplanes). 

Airplane groups 6 and 8—install structural reinforcements and replace floor fasteners.25.50 work-hours × $85 per hour = 

$2,167.50.

2,000 4,167.50 $37,507.50 (9 airplanes). 

Airplane group 7—install structural reinforcements.19.50 work-hours × $85 per hour = 

$1,657.50.

1,600 3,257.50 $16,287.50 (5 airplanes). 

Airplane group 9—install structural reinforcements.13.50 work-hours × $85 per hour = 

$1,147.50.

1,600 2,747.50 $2,747.50 (1 airplane). 

The FAA estimates the following 

costs for operators that did the actions 

in the original version of Embraer 

Service Bulletin SB505–25–0046, dated 

March 31, 2021. The agency has no way 

of determining the number of airplanes 

that might need these actions: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Inspect floor fasteners ................................. 8.50 work-hours × $85 per hour = $722.50 .................................. $50 $772.50 

Replace floor fasteners ............................... 1 work-hour × $85 per hour = $85 ................................................ 50 135 


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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules 57909 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, all of the 

costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

operators. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Embraer S.A.: Docket No. FAA–2023–1717; 

Project Identifier MCAI–2023–00728–A. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 10, 

2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Embraer S.A. Model 

EMB–505 airplanes, as identified in Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) AD 2023– 

05–03, effective June 2, 2023 (ANAC AD 

2023–05–03), certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2500, Cabin Equipment/Furnishings. 

(e) Unsafe Condition 

This AD was prompted by analysis of 

certain monuments (the right-hand 

refreshment center and left-hand forward 

cabinet) that identified the need for installing 

structural reinforcements and replacing 

applicable floor support rivets. The FAA is 

issuing this AD to address the unsafe 

condition. The unsafe condition, if not 

addressed, could result in a monument not 

withstanding the loads expected for specific 

emergency landing conditions, which may 

cause the detachment of mass items and 

result in injuries to the airplane occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified in paragraphs (h) and 

(i) of this AD: Comply with all required 

actions and compliance times specified in, 

and in accordance with, ANAC AD 2023–05– 

03. 

(h) Exceptions to ANAC AD 2023–05–03 

(1) Where ANAC AD 2023–05–03 refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(2) The service information referenced in 

ANAC AD 2023–05–03 allows the use of 

alternative or similar parts in place of the 

ones specified in the kits, provided that these 

alternative or similar parts are approved by 

Embraer. This AD requires approval from 

either the Manager, International Validation 

Branch, FAA; ANAC; or ANAC’s authorized 

Designee. If approved by the ANAC Designee, 

the approval must include the Designee’s 

authorized signature. 

(3) Where the service information 

referenced in ANAC AD 2023–05–03 

specifies discarding parts, this AD requires 

removing those parts from service. 

(4) This AD does not adopt paragraph (d) 

of ANAC AD 2023–05–03. 

(i) No Reporting Requirement 

Although the service information 

referenced in ANAC AD 2023–05–03 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (k) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Additional Information 

For more information about this AD, 

contact Jim Rutherford, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: (816) 329– 

4165; email: jim.rutherford@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Ageˆncia Nacional de Aviac ̧a ̃o Civil AD 

2023–05–03, effective June 2, 2023. 

(ii) [Reserved] 

(3) For ANAC AD 2023–05–03, contact 

National Civil Aviation Agency (ANAC), 

Continuing Airworthiness Technical Branch 

(GTAC), Rua Doutor Orlando Feirabend 

Filho, 230—Centro Empresarial Aquarius— 

Torre B—Andares 14 a 18, Parque 

Residencial Aquarius, CEP 12.246–190—Sa ̃o 

Jose ́ dos Campos—SP, Brazil; phone: 55 (12) 

3203–6600; email: pac@anac.gov.br; website: 

anac.gov.br/en/. You may find this material 

on the ANAC website at 

sistemas.anac.gov.br/certificacao/DA/ 

DAE.asp. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 


lotter on DSK11XQN23PROD with PROPOSALS1
57910 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules 

1See 42 U.S.C. 1382 and 20 CFR 416.202 for a 

list of the eligibility requirements. See also 20 CFR 

416.420 for general information on how we 

compute the amount of the monthly payment by 

reducing the benefit rate by the amount of 

countable income as calculated under the rules in 

subpart K of 20 part 416. 

2See 20 CFR 416.1101. 

3See 20 CFR 416.405 through 416.415. Some 

States supplement the FBR amount. 

4 87 FR 64296, 64298 (2022) A table of the 

monthly maximum Federal SSI payment amounts 

for an eligible individual, and for an eligible 

individual with an eligible spouse, is available at 

https://www.ssa.gov/oact/cola/SSIamts.html. When 

the FBR is adjusted for the cost of living, the 

amount of the potential ISM reduction adjusts 

accordingly. 

5See 20 CFR 416.1100. 

6See 20 CFR 416.1102. 

7See 42 U.S.C. 1382a; and 20 CFR 416.1102– 

1124. 

8See 20 CFR 416.1104. 

9See 20 CFR 416.1102. 

10See 20 CFR 416.1130(a). 

11See 20 CFR 416.1130(b). We recently published 

a proposed rule to remove food from the calculation 

of ISM. See 88 FR 9779 Omitting Food From InKind Support and Maintenance Calculations, 

published February 15, 2023. 

12See 20 CFR 416.1130(b). 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 17, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18119 Filed 8–23–23; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 416 

[Docket No. SSA–2023–0010] 

RIN 0960–AI82 

Expansion of the Rental Subsidy 

Policy for Supplemental Security 

Income (SSI) Applicants and 

Recipients 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to revise our 

regulations by applying nationwide the 

In-Kind Support and Maintenance (ISM) 

rental subsidy exception that is 

currently in place for SSI applicants and 

recipients residing in seven States. The 

exception recognizes that a ‘‘business 

arrangement’’ exists when the amount of 

required monthly rent for a property 

equals or exceeds the presumed 

maximum value. This proposed rule 

would improve nationwide program 

uniformity, and, we expect, improve 

equality in the application of the rental 

subsidy policy. 

DATES: To ensure that your comments 

are considered, we must receive them 

no later than October 23, 2023. 

ADDRESSES: You may submit comments 

by any one of three methods—internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2023–0010 so that we may 

associate your comments with the 

correct regulation. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

that you submit your comments via the 

internet. Please visit the Federal 

eRulemaking portal at https://

www.regulations.gov. Use the ‘‘search’’ 

function to find docket number SSA– 

2023–0010. The system will issue a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately 

because we must post each comment 

manually. It may take up to one week 

for your comment to be viewable. 

2. Fax: Fax comments to 1–833–410– 

1631. 

3. Mail: Mail your comments to the 

Office of Legislation and Congressional 

Affairs, Regulations and Reports 

Clearance Staff, Mail Stop 3253 

Altmeyer, 6401 Security Blvd., 

Baltimore, MD 21235. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at https://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Tamara Levingston, Office of Income 

Security Programs, 6401 Security Blvd., 

Robert M. Ball Building, Suite 2512B, 

Woodlawn, MD 21235, 410–966–7384. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1– 

800–325–0778, or visit our internet site, 

Social Security Online, at https://

www.ssa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

We administer the SSI program, 

which provides monthly payments to: 

(1) adults and children with a disability 

or blindness; and (2) adults aged 65 or 

older. Eligible individuals must meet all 

the requirements in the Social Security 

Act (Act), including having resources 

and income below specified amounts.1

Since SSI is a needs-based program for 

persons with limited income and 

resources, we must consider the amount 

of income an applicant or recipient has 

when determining whether that person 

is eligible to receive SSI payments. If the 

individual is eligible, their income is 

also a factor in calculating the amount 

of their monthly SSI payments. 

Specifically, once an individual is 

determined eligible for SSI, their 

monthly payment amount is determined 

by subtracting their countable monthly 

income from the Federal benefit rate 

(FBR),2 which is the monthly maximum 

Federal SSI payment.3 The FBR for 2023 

is $914 for an individual and $1,371 for 

an eligible individual with an eligible 

spouse.4 Generally, the more income an 

individual has, the less their SSI 

payment will be.5 For the purposes of 

SSI, ‘‘income’’ is defined as anything 

that an individual receives in cash or in 

kind that the individual can use to meet 

their needs for food and shelter.6 The 

Act and our regulations 7 define income 

as ‘‘earned,’’ such as wages from work, 

and ‘‘unearned,’’ such as gifted cash.8

Our proposed regulatory change 

pertains to rental subsidy, which is a 

type of ISM under the broader umbrella 

of unearned income. 

ISM 

As noted above, income that affects an 

individual’s monthly SSI payment can 

also be provided in kind.9 Generally, we 

value in-kind items at their current 

market value and apply the various 

exclusions for both earned and 

unearned income; however, we have 

special rules for valuing food or shelter 

that is received as unearned income 

(ISM).10 Under our current regulations, 

ISM means any food or shelter that is 

given to an individual or that the 

individual receives because someone 

else pays for it.11 Shelter includes room, 

rent, mortgage payments, real property 

taxes, heating fuel, gas, electricity, 

water, sewerage, and garbage collection 

services.12 For example, if an SSI 

recipient’s brother lets the recipient live 

rent-free in his home throughout a 

calendar month, we would consider the 

shelter the brother provides as ISM to 

the recipient. We have two rules for 

valuing the ISM that we must count: (1) 

currently, the one-third reduction rule 

(VTR) applies if the individual is living 

in the household of a person, 

throughout a month, who provides the 

individual with both food and shelter, 

and (2) the presumed maximum value 

rule (PMV) applies in all other 

situations in which the individual is 


lotter on DSK11XQN23PROD with PROPOSALS1